Biplab 04 November 2017

Eviction of tenant.

Hello all respected lawyers, I bought a house in February 17 and the buyer has a TV cable line business in a room of ground floor. The buyer requested me to give rent that room for 3 years but there was not any written agreement only verbally.Now the buyer shifted to his flat in other city and comes once a month to collect money from his business staffs.But business staffs are not good , they are rude like local goons and they are disturbing us very much . I asked them to evict the room but they are not willing to shift their business place.Now what will I do get back that room in a peaceful way if possible.

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6 Replies

Dr J C Vashista (Advocate) 05 November 2017

Rent agreement for 1 year and above has to be registered (compulsory), oral agreement is not admissible in evidence.

Biplab 05 November 2017

Sir, I know that , but now I want to know what I have to do now at present.

Dr J C Vashista (Advocate) 05 November 2017

You are "buyer" and the buyer shifted to his flat in some other city??? Confusing.

Dr J C Vashista (Advocate) 05 November 2017

However, the tenancy is on month-to-month basis, issue legal notice under the provision of the Transfer of Property Act or State Rent Control Act (as the case may be) through a local prudent lawyer for termination of tenancy and handing over possession of demised premises along with damages (after the tenant is declared tress-passer) and mesne profits.

Biplab 05 November 2017

Sorry , that would be ' seller' , seller shifted to other city. Thank you Sir for the advice . Will the case continue in court for many years? Generally property related case continue in court for many years.